Oct Revolution's UE Diary

[nanna58]

Re: Oct Revolution's UE Diary

Fantastic xxxx

[greymatter]

Re: Oct Revolution's UE Diary

Great Result

[Undercover Elsa]

Re: Oct Revolution's UE Diary

Nice one OR!
Good luck to them doing anything short of enforcement. What are they going to do, letter you to death?

[IF]

Re: Oct Revolution's UE Diary

I'm so pleased for you too Oct Revolution, I do love good news on AAD

Best wishes
IF

[Oct Revolution]

Re: October Revolution's UE Diary

Yeah - It took some time but that is the first time they've admitted they can't enforce.

Many thanks for all the help from AAD.

[Deepie]

Re: October Revolution's UE Diary

Hi everyone,

I have an update to the above account:

UPDATE: 18/03/15:

Letter rec'd From Rossendales Collect (after 2 years and 2 months): "further to your request, please find copy documents to support recovery of your debt..."

They then include a letter from Barclaycard which includes a reconstituted copy of my agreement stating my current outstanding balance which is now payable. They go on to say they are unable to provide a copy of terms of credit card and accept they are prevented from enforcing, but will take any action required short of enforcement to recover the debt.

I assume I just file and see what happens next?

Well done ...result keep that letter safe ....yeah just file it ....

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 9

Egg

Account: Credit Card
Commenced: 1999
Balance: 10k
Date of Last full payment: 11/2009
Start of £1 token Payment: 12/2009
Acc Status: Defaulted 7/2010
Acc Owner: Original Creditor

Further info/details: Agree to £1/month payments. Last contact July 2010, letter stating acc will be passed to DCA in 10 days – not heard anything since. No interest or fees being added.

Activity:

06/10/10 - CCA Request sent
22/10/10 - CCA rec'd (will e-mail to NID for advice)Nid says acc may be enforceable but to blag for time being and send "T&C's rec'd" letter.
25/10/10 - "T&C's rec'd" Letter sent to Egg
04/11/10 - Letter rec'd for last; Egg looking into complaint, may take upto 8 weeks
23/11/10 - Reply from Egg ref my complaint:- "the docs provided constitute a true copy of agreement; now satisfied my request for CCA the complaint is now closed; regular monthly payments should continue". NID says bog standard letter ignore for now.

25/01/11 - Letter rec'd from Clarity " ...been instructed by EGG to make arrangements with you to repay above amount……are prepared to offer 15% discount as F&F…and will remain open for 7 days…if unable to pay contact them to agree payment plan….If we do not hear from you will consider options available to us…..inc. rep. visiting or where agreement remains legally enforceable, recommend to client that their solicitors be instructed to commence legal action” Nid says to send "Threat o Gram before action" letter.

27/01/11 - Above letter sent

02/02/11 - Calls received daily from Clarity - Ignoring/Not answering.
08/02/11 - Letter rec'd from Clarity:“we wrote recently but note we have not reached an agreement with you…your acc is in default and full balance is payable immediately….if the agreement remains legally enforceable we will consider recommending our client/solicitors commence legal action.. if you ignore this letter further recovery action will take place…to prevent this pay balance/arrange repayment by instalments via web site; call; e-mail; send cheque”

10/02/11 - NID says ignore last as letter crossed with my letter of 27/01/11

18/02/11 - letter rec'd from Clarity: “thank you for your recent letter…..we have requested further info from EGG and will be in contact once we have received a response”. Assume it’s in response to my letter sent to them on 27/01/11 “threat o gram before legal action”. I will just file and wait to see what happens next.

27/06/11: - letter rec'd from Fredrickson International Ltd: “….instructed by Egg to collect outstanding balance….you have failed to pay outstanding balance despite repeated requests….full payment now due to avoid further action….contact us IMMEDIATELY to discuss this matter….payment should be made to Fredrickson International LTD….”. NID says ignore and see what they send next.

27/06/11 - Receiving over 14 calls a day from Fredrickson: "Harassment by Telephone" letter sent.

05/07/11 - The letter has worked as calls seem to have stopped for now.

08/07/11 - Letter rec'd from Fredrickson: "....as arranged we have enclosed our official Financial Statement form for you to complete....we can not consider your circumstances unless you complete and return....". I will ignore and see what happens next.

14/07/11 - letter rec'd from Fredrickson: "LETTER BEFORE ACTION....this debt must be paid in full in next 7 days otherwise we will refer to solicitors who may take legal action without further notice....further additional costs will be added....bailiff may call....judgement would affect future credit....pay now...." Nid says send "account sold whilst in dispute" - letter sent.

28/07/11 - Letter from Fredrickson in response to my "account sold whilst in dispute" letter:
".....we have referred matter to client....will revert to you when instructions rec'd....acc placed on hold....". will file and see what happens next.

05/10/11 - Letter from Fredrickson who have now "contacted Egg" and "have enclosed account documents....hope this clarifies matters....look forward to proposals for discharge of acc....". Documents sent are exactly the same as supplied direct to me from Egg on 22/10/10. NID says IGNORE.

12/11/11 - Letter rec'd from Barclaycard: "....acc now transferred to Arrow Global Guernsey....this letter is formal notice of assignment....oustanding balance now payable to Global....Fredrickson will continue to service acc....Global will contact you direct....". In2Deep says ignore until I hear from Global.

22/11/11 - Letter rec'd from Arrow Global: "....advise you that Barclays has assigned acc to us....you should contact Fredricksons to repay this acc as a matter of urgency....all correspondance should also be directed to Fredricksons....". NID says ignore

29/06/12 - Letter rec'd from Fredrickson: "...we refer to recent communication...we are no longer instructed in connection with this matter and have returned acc to our client...". I will file and see who gets the account next.

13/12/12 - Letter rec'd from Rossendales Collect: "...debt passed to us by Arrow Global Guernsey...you have ignored previous requests for payment...we intend to recover outstanding debt...pay full amount in 7 days otherwise recovery action will commence...". "account sold whilst in dispute" sent.

02/01/13 - Letter from Rossendales: "...we are looking into your query...will contact out client...account on hold...". I will file and see what happens next.

Hi everyone,

I have an update to the above account:

UPDATE: 18/03/15:

Letter rec'd From Rossendales Collect (after 2 years and 2 months): "further to your request, please find copy documents to support recovery of your debt..."

They then include a letter from Barclaycard which includes a reconstituted copy of my agreement stating my current outstanding balance which is now payable. They go on to say they are unable to provide a copy of terms of credit card and accept they are prevented from enforcing, but will take any action required short of enforcement to recover the debt.

I assume I just file and see what happens next?

[Oct Revolution]

Re: Oct Revolution's UE Diary

Hi SnV,

Yeah all quiet here, nothing to report but thanks for asking.

Other than my last post (23/01/15) I've not heard from any of my creditors which is good news as the clock is nicely ticking away. It's all a far cry from when I initially started this journey with letters/phone calls almost daily. But thanks to the great team here I've managed to keep them all at bay.

best regards,

[SaltnVinegar]

Re: Oct Revolution's UE Diary

Hi there

All quiet on the western front? Any news?

Best
SnV

[MrsD]

Re: Oct Revolution's UE Diary

good plan

[Oct Revolution]

Re: October Revolution's UE Diary

ACCOUNT 4

MBNA (Experto Credite)

Account: Credit Card
Commenced: 1994
Balance: 11k
Date of Last full payment: 11/2009
Start of £1 token Payment: 12/2009
Acc Status: Defaulted 7/2010
Acc Owner: DCA

Further info/details: Last contact September 2010 agreeing to repayment schedule of £1/month. No interest or fees being added.

Activity:
06/10/10 - CCA Request sent

31/12/11 - Letter rec'd from Experto Credite along my CCA. Niddy says and to blag for moment and see what happens !!!

03/01/12 - Telephone harassment letter sent.

20/01/12 - Letter rec'd from Experto Credite (in response to my last letter):....we are happy to deal with this matter in writing....we will keep your telephone number on record should our letters remain unanswered....level of contact from us complies with guidelines....look forward to payment/repayment proposals within 14 days....". I will ignore and see what happens next.

12/03/12 - Letter rec'd from AKTIV KAPITAL: ".... we have recently purchased your debt....please contact us to pay outstanding balance....". I2D says to send "account sold whilst in dispute". Letter sent

24/03/12 - letter from Aktiv Kapital in response to my last letter: “…we will contact OC to resolve this matter…acc is on hold and removed from collection process whilst we await requested info…”

04/04/12 - Letter received from AKTIV KAPITAL along with a copy of my CCA (the CCA is the same copy as received by Experto Credite on 31/12/11 which Niddy deemed ) The letter says: "...refer to previous communication...please find enclosed copy of CCA ... further documentation will be sent upon receipt...". I2D says send "CCA Query - missing perscribed terms" - so continuing to BLAG - letter sent.

19/04/12 - Letter from Aktiv Kapital: “…refer to your last letter…you have suggested docs are not adequate…we do not agree…only a court can decide this…we do not anticipate issuing proceedings at this time…negotiated settlement is our preferred option…in view of this contact us in next 21 days to arrange payment proposals…” I2D says IGNORE and see what their next move is.

11/05/12 - Letter rec'd from Aktiv Kapital: "...we have cross referenced your CCA with various legislative/regulatory rules you quoted...find no grounds that CCA is not enforceable...CCA contains all prescribed terms...we have fulfilled our obligations and court would be rule in our favour...not our policy to recover debt through courts unless forced to do so...leave us no alternative but to consider this...we are committed to assisting you if current financial circumstances prevent from paying...please consider content of letter carefully and receive in spirit it is intended...if you disregard...leave us with no alternative...further action may be considered...". I2D says send "Threat o gram before action". Letter sent.

25/05/12 - Letter received from Aktiv Kapital: "...can not comment on your suggestions that there has been breaches of S77-S79...even if breach did occur it has now been remedied with documents supplied...similar documents have been accepted by courts as evidence of an agreement and unpaid debt... if you feel docs supplied are not true copy i would invite you to provide me with particulars...why do copies not correspond with agreement you entered into...court would not accept without supporting evidence...unreasonable to accept your point on bare allegations...we look forward to hearing from you...". I will wait and see what they do next.

15/06/12 - Letter rec'd from Aktiv Kapital: "...we refer to our letter of 25/05/12 and note we have had no reply... in the circumstances we shall consider this line of correspondence closed....". I will ignore and see what happens next.

Hi everyone,

I hope I find you all well and continuing the good fight!

It's been quite a while since I posted anything to the forum as everything's gone quiet. Which is to be expected after over 4 years. However, today I've received a letter ref. the above account which I've not heard anything from since June 2012. I don't think I need to do anything as they are not threatening anything or asking for repayment so this is more or less just an update:

23/01/15 - Letter rec'd from PRA Group who say they "have been assigned the above account...are entitled to the monies owed...and the right to continue with any actions. Akiv Kapital changed its name to PRA Group on 6 Nov 2014. Your existing payment arrangements are not affected.....if you have any questions contact us....".

They've then included a statement showing outstanding balance.

As they are not asking for anything and the letter is for information purposes I will just file and see if anything happens next.

Many thanks,

[Oct Revolution]

Re: Oct Revolution's UE Diary

Many thanks for that SH,

In a round about way that's what I was thinking.

[ScabHunter]

Re: Oct Revolution's UE Diary

It's just something going round in my head (which I should know the answer to by now) and I probably do but just wanted clarification on the following.

Am I right in thinking that the SB clock starts ticking from when the Default Notice is issued or when the last payment/acknowledgement of the account is made - whichever of the two is the latest.

Not exactly, no. The SB clock starts ticking from the "cause of action", which will be the first missed payment. For example, if you have a Crap One card, payments become due on the 30th of the month. If you get a bill dated 30th June, and make the minimum payment in July, and then receive another bill dated 30th July but this time can't afford to pay it, the SB clock starts ticking from 30th July, not from when you made the last payment earlier in the month.

The date of a Default Notice, or termination of an account, never has any relevance to the Statute Barring date. It is a different issue altogether.

You are correct, though, in that a default will drop off your credit file after six years, but the alleged debt itself will not become SB if you have made a payment. The same applies to a written acknowledgement.

The only actions which reset the limitation clock are a payment by yourself, or someone acting with your authority, or a written acknowledgement of the alleged debt. If, however, a period of six years without any such payment or acknowledgement has previously passed, then the alleged debt is permanently statute barred and no amount of paying or acknowledging will ever change that.

SH

[Oct Revolution]

Re: Oct Revolution's UE Diary

Hi Everyone - hope you are all well and fighting the battle,

I've not got an update to any of my accounts, it seems to have gone very quiet (tempting fate now I know !!!).

It's just something going round in my head (which I should know the answer to by now) and I probably do but just wanted clarification on the following.

Am I right in thinking that the SB clock starts ticking from when the Default Notice is issued or when the last payment/acknowledgement of the account is made - whichever of the two is the latest.

And after 6 years from the default the account falls off the credit file, but won't become SB until 6 years have passed if a payment was made to the account after the default notice.

Eg: Default rec'd March 2010; last £1 payment July 2010. Therefore account will drop off credit file in April 2016 and become SB in August 2016.

I'm not worrying about anything, I'm about 2 years away from all this BUT it's just something going round in my head.

many thanks

[Pixie]

Re: Oct Revolution's UE Diary

Great news!